05 LC 28
2369
House
Bill 722
By:
Representatives Forster of the
3rd,
Rice of the
51st,
Cooper of the
41st,
Randall of the
138th,
Walker of the
107th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating
to sexual offenses, so as to raise the age of consent from 16 to 18 years of
age; to change the provisions relating to the crimes of statutory rape, child
molestation, and enticing a child for indecent purposes; to provide for related
matters; to provide for an effective date and applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual
offenses, is amended by striking Code Section 16-6-3, relating to statutory
rape, and inserting in lieu thereof a new Code Section 16-6-3 to read as
follows:
"16-6-3.
(a)
A person commits the offense of statutory rape when he or she engages in sexual
intercourse with any person under the age of
16
18
years and not his or her spouse, provided that no conviction shall be had for
this offense on the unsupported testimony of the victim.
(b)
A person convicted of the offense of statutory rape shall be punished by
imprisonment for not less than one nor more than 20 years; provided, however,
that if the person so convicted is 21 years of age or older, such person shall
be punished by imprisonment for not less than ten nor more than 20 years;
provided, further, that if the victim is
not less
than 14
or
15
nor more than
17 years of age and the person so
convicted is no more than three years older than the victim, such person shall
be guilty of a
misdemeanor."
SECTION
2.
Said
chapter is further amended by striking subsection (a) of Code Section 16-6-4,
relating to child molestation, and inserting in lieu thereof a new subsection
(a) to read as follows:
"(a)
A person commits the offense of child molestation when he or she does any
immoral or indecent act to or in the presence of or with any child under the age
of
16
18
years with the intent to arouse or satisfy the sexual desires of either the
child or the
person."
SECTION
3.
Said
chapter is further amended by striking subsection (a) of Code Section 16-6-5,
relating to enticing a child for indecent purposes, and inserting in lieu
thereof a new subsection (a) to read as follows:
"(a)
A person commits the offense of enticing a child for indecent purposes when he
or she solicits, entices, or takes any child under the age of
16
18
years to any place whatsoever for the purpose of child molestation or indecent
acts."
SECTION
4.
This
Act shall become effective on July 1, 2005, and shall apply to all offenses
committed on and after such date.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.